SC says no to routine transfer petitions in favour of wives

Transfer petition is a convenient way for feminist/matriarchal wives (read: all entitlements, no accountability wives) to harass husbands by filing a legal case in their parents’ hometown or any place where they reside but which is far off from husbands’ residence.

This is one thing which many men forget when they file a divorce case on wife in their own city, and later on realize that after the transfer granted by Supreme Court, now they have to travel to wife’s city to fight the divorce case they had filed! This judgment creates a first precedent against blind acceding to wives’ requests to transfer the cases in their cities.

“Estranged wives seeking transfer of cases, filed by husbands, to their places of residence has become the order of the day. We had become too liberal in acceding to their requests. But the husbands also have a right. Why the husbands should be always made to suffer,” the bench asked and indicated that it would from now on take into account merits of the husbands’ plea against such requests by wives seeking transfer of cases.

Actually, this makes perfect sense. The wife files multiple cases on husband, and expects that now the husband and the courts will give her what she has asked for, all the while when she has stopped working and earning. So her only job is to file cases on husband and demand her ‘legal’ entitlements as wife.

But the husband actually does a job or business and has to be present in his own city of work. So this judgment recognizes the fact that it is more important and just to recognize the important contribution of husband’s work rather than wife’s ‘work’ which solely consists of filing cases!

wife given domestic violence case against husband and his family members in maharashtra state rahata court, husband and family lives in chennai (Tamil Nadu State), do not know the hindi language, parents are aged people father 76 years old and mother 65 years old so they cannot travel, how to transfer the case to chennai high court, please advice

A DV case may not get transferred anyway from where woman is living, so try to get those documents translated and fight it out. Parents don’t have to travel for DV appearance, it’s mainly a complaint on husband to get maintenance from him

I am Abhinav Mittal resident of delhi and my wife sweta is from meerut (u.p.). She has filed domestic violence and maintainance from vasai (Maharashtra) against me and my father .Her parents are still residing in u.p. and her elder brother is staying in vasai. Facing a big problem as I am unable to contact my wife because of her eldest brother. First complaint was made in delhi another was made in meerut. Now we are getting harassed . A transfer petition was made in supreme Court by my father’s side as he is having back broblem because of which he cannot travel large distance. Supreme Court dismissed his transfer petition . Please help me I am drowning.

Instead of “plz help me, pls help me” if people join men’s groups at right time, they can avoid basic mistakes. But I guess that is very shameful for many to be part of a men’s group… but getting help by invoking emotions of pity is more honourable!

The basic mistake I see (if I understand correctly) is that there was no jurisdiction to file DV case in Maharashtra since your wife didn’t stay there at all… that was grounds for dismissal of petition or quash etc based on lack of jurisdiction.

But probably based on reading on internet, you went ahead with transfer petition thereby enriching a lawyer in a useless exercise. And the reason given in petition was one based on sympathy (father’s back problem), which is not going to work against a woman’s case 99% of the time.

>> I am unable to contact my wife because of her eldest brother

So you were hoping she will withdraw case if you were able to contact her? Just read this site and comments of so many others, they don’t file cases with idea to come back!

Sir, I am facing 498a case along with my family,charge sheet filled,now we placed a discharge petition.and other side filled a divorce petition in my native place ,I,d,inter district,,,, definitely she may be tried for transfer of that divorce case, heavy cruelty,evidences available, now how can I prevent to transfer of that divorce case ,,,,please advice me, cavite is a remedy or not,,,,please give hour. Valuable suggestions…… sir please….